Title
title
An Ordinance Amending the Highway Authority Agreement between Sang Jin Cleaners Corp. d/b/a New Poly Cleaners and the Village of Oak Park for the Property Located at 600 Madison Street and Authorizing its Execution
..end
Introduction
overview
In 2017, the Village approved an interim Highway Authority Agreement (HAA) with New Poly Cleaners to allow for contamination to remain in the public right-of-way (ROW) in the alley north of the site. Since that time, they have been actively remediating the site to reduce the concentration of the contaminants to levels that are approved by IEPA to remain in-place subject to the approval of a HAA. The IEPA is requiring the interim HAA that was approved in 2017 to be amended to include verbiage that soil gas is a contaminant pathway, that the soil gas exceeds Tier 1 residential remediation objectives, and to include updated exhibits.
end
body
Recommended Action
Adopt the Ordinance.
Prior Board Action
The Board has taken the following prior action:
• At the Village Board meeting on January 17, 2017, the Village Board approved an Ordinance approving a Highway Authority Agreement and an Environmental Indemnity Agreement between Sang Jin Cleaners Corp. d/b/a New Poly Cleaners and the Village of Oak Park for the Property Located at 600 Madison Street (ORD 17-169).
Background
Dry cleaning solvents have leaked over time into the soil from the dry cleaners located at 600 Madison Street, the northwest corner of Madison and East Avenue. Following an environmental site investigation by the Owner, it was determined that soil contamination spread into the public right-of-way (ROW) in the alley north of the site. Due to the number of utilities, depth of contamination, and proximity to adjacent buildings, the Owner’s environmental consultant completed an in-situ soil remediation method which entails injecting chemicals into the contaminated areas to oxidize and remediate the soil without the need for major excavations, utility relocations, and building shoring. This work was started back in 2017 and was recently completed. In 2017, the Village approved an interim Highway Authority Agreement (HAA) as well as a Limited Environmental Indemnity Agreement. The interim HAA was approved so that there was a mechanism in-place to document the contamination in the ROW and protect worker safety while the contamination was being remediated in place for several years. The Limited Environmental Indemnity Agreement was approved at the time and defines that the property owner is responsible for all future financial responsibilities for environmental-related costs associated with work in the HAA areas.
As discussed in 2017, following the remediation work, the State would most likely issue a no further remediation status for the site and require a revised permanent Highway Authority Agreement (HAA). As anticipated, the IEPA is requiring a revised HAA to be issued for this site following their remediation work. This item is for approving the revised/amended Highway Authority Agreement to include language that soil gas is a contaminant pathway, that the soil gas exceeds Tier 1 residential remediation objectives, and with updated exhibits showing the extent and concentrations of the residual contamination.
Timing Considerations
There are no specific timing considerations associated with this item.
Financial Impact
There is no budget impact associated with this item. There is already a Limited Environmental Indemnity Agreement in place with this property, which requires the owner to pay all costs associated with any environmental issues should the Village need to perform work in the alley where there is contamination.
Operations Impact
There is no operating impact associated with this item. The item aligns with the department’s core service delivery.
DEI Impact
There is no DEI impact associated with this item.
Community Input
There has been no community input given in relation to this item.
Staff Recommendation
Adopt the Ordinance, which will help limit exposure to contamination and protect worker safety.
Advantages:
• The HAA will help protect worker safety by notifying workers of the potential hazards so appropriate worker safety precautions can be put in place.
Disadvantages:
• Contamination will remain in the ROW.
Alternatives
Alternative 1:
The Board can delay action to gain additional information.
Advantages:
• Board Members would be presented with the additional information they requested.
Disadvantages:
• There are no disadvantages to this action.
Alternative 2:
The Board can vote down the item.
Advantages:
• Voting down the item would require the property owner to remediate the soils in the ROW to Tier 1 residential remediation standards which would require extensive work to support or relocate existing utilities in the alley during the work. However, this would likely not be financially feasible for the owner.
Disadvantages:
• Remediation work in the alley would likely not be financially possible for the property owner to complete and may result in the closure of a business.
Anticipated Future Actions
There are no anticipated future actions in relation to this item.
Prepared By: Bill McKenna, Village Engineer/Assistant Public Works Director
Reviewed By: Rob Sproule, Public Works Director
Approved By: Kevin J. Jackson, Village Manager
Attachment(s):
1. Ordinance
2. Amended Highway Authority Agreement 600 Madison
3. Highway Authority Agreement Exhibits
4. Original HAA and Indemnity Agreement